75R8484 JJT-F
By Chisum H.B. No. 3463
Substitute the following for H.B. No. 3463:
By Allen C.S.H.B. No. 3463
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inspection and maintenance of certain motor
1-3 vehicles for air pollution control; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 382.037(d), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (d) On adoption of a resolution by the commission and after
1-8 proper notice, the Department of Public Safety of the State of
1-9 Texas shall implement a system that requires, as a condition of
1-10 obtaining a safety inspection certificate issued under Chapter 548,
1-11 Transportation Code [Section 140 or 141, Uniform Act Regulating
1-12 Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-13 Statutes)], in a county that is included in a vehicle emissions
1-14 inspection and maintenance program under Subchapter F of that
1-15 chapter [Section 142, Uniform Act Regulating Traffic on Highways
1-16 (Article 6701d, Vernon's Texas Civil Statutes)], that the vehicle,
1-17 unless the vehicle is not covered by the system, be annually or
1-18 biennially inspected under the vehicle emissions inspection and
1-19 maintenance program as required by the state's [Texas] air quality
1-20 state implementation plan [or Section 382.0371]. The Department of
1-21 Public Safety shall implement such a system when it is required by
1-22 any provision of federal or state law, including any provision of
1-23 the state's [Texas] air quality state implementation plan. [The
1-24 Department of Public Safety may not require or accept verification
2-1 of compliance other than a vehicle inspection certificate.]
2-2 SECTION 2. Subchapter A, Chapter 502, Transportation Code,
2-3 is amended by adding Section 502.009 to read as follows:
2-4 Sec. 502.009. MOTOR VEHICLE EMISSIONS INSPECTION AND
2-5 MAINTENANCE REQUIREMENTS. (a) The department shall ensure
2-6 compliance with the motor vehicle emissions inspection and
2-7 maintenance program through a vehicle inspection sticker-based
2-8 enforcement system except as provided by this section. Subsections
2-9 (b)-(e) apply only if the United States Environmental Protection
2-10 Agency determines that the state has not demonstrated, as required
2-11 by 40 C.F.R. Section 51.361, that sticker-based enforcement of the
2-12 program is more effective than registration-based enforcement and
2-13 gives the Texas Natural Resource Conservation Commission or the
2-14 governor written notification that the reregistration-based
2-15 enforcement of the program, as described by those subsections, will
2-16 be required. If Subsections (b)-(e) are made applicable as
2-17 provided by this subsection, the department shall terminate
2-18 reregistration-based enforcement of the program under those
2-19 subsections, on the date the United States Environmental Protection
2-20 Agency gives the Texas Natural Resource Conservation Commission or
2-21 a person the commission designates written notification that
2-22 reregistration-based enforcement is not required for the state
2-23 implementation plan.
2-24 (b) The department may not register a motor vehicle if the
2-25 department receives from the Texas Natural Resource Conservation
2-26 Commission or the Department of Public Safety notification that the
2-27 registered owner of the vehicle has not complied with Subchapter F,
3-1 Chapter 548.
3-2 (c) The county tax assessor-collector may not register a
3-3 vehicle denied registration under Subsection (b) unless the tax
3-4 assessor-collector has verification that the registered vehicle
3-5 owner is in compliance with Subchapter F, Chapter 548.
3-6 (d) The department, the Texas Natural Resource Conservation
3-7 Commission, and the Department of Public Safety shall enter an
3-8 agreement regarding the responsibilities for costs associated with
3-9 implementing this section.
3-10 (e) A county tax assessor-collector is not liable to any
3-11 person for refusing to register a motor vehicle because of the
3-12 person's failure to provide verification of the person's compliance
3-13 with Subchapter F, Chapter 548.
3-14 SECTION 3. Section 548.001, Transportation Code, is amended
3-15 to read as follows:
3-16 Sec. 548.001. DEFINITIONS. In this chapter:
3-17 (1) "Commercial motor vehicle" means a self-propelled
3-18 or towed vehicle, other than a farm vehicle with a gross weight,
3-19 registered weight, or gross weight rating of less than 48,000
3-20 pounds, that is used on a public highway to transport passengers or
3-21 cargo if:
3-22 (A) the vehicle or combination of vehicles has a
3-23 gross weight, registered weight, or gross weight rating of more
3-24 than 26,000 pounds;
3-25 (B) the vehicle is designed to transport more
3-26 than 15 passengers, including the driver; or
3-27 (C) the vehicle is used to transport hazardous
4-1 materials in a quantity requiring placarding by a regulation issued
4-2 under the Hazardous Materials Transportation Act (49 U.S.C. Section
4-3 1801 et seq.).
4-4 (2) "Commission" means the Public Safety Commission.
4-5 (3) "Conservation commission" means the Texas Natural
4-6 Resource Conservation Commission.
4-7 (4) "Department" means the Department of Public
4-8 Safety.
4-9 (5) "Farm vehicle" has the meaning assigned by the
4-10 federal motor carrier safety regulations.
4-11 (6) [(5)] "Federal motor carrier safety regulation"
4-12 has the meaning assigned by Section 549.001.
4-13 (7) [(6)] "Inspection station" means a facility
4-14 certified to conduct inspections of vehicles under this chapter.
4-15 (8) [(7)] "Inspector" means an individual certified to
4-16 conduct inspections of vehicles under this chapter.
4-17 (9) "Nonattainment area" means an area so designated
4-18 within the meaning of Section 107(d) of the Clean Air Act (42
4-19 U.S.C. Section 7407).
4-20 SECTION 4. Section 548.251, Transportation Code, is amended
4-21 to read as follows:
4-22 Sec. 548.251. DEPARTMENT TO PROVIDE INSPECTION CERTIFICATES
4-23 AND VERIFICATION FORMS. The department shall provide serially
4-24 numbered inspection certificates and verification forms to
4-25 inspection stations. The department may issue a unique inspection
4-26 certificate for:
4-27 (1) a commercial motor vehicle inspected under Section
5-1 548.201; or
5-2 (2) a vehicle inspected under Subchapter F [Section
5-3 548.301(a)].
5-4 SECTION 5. Section 548.301, Transportation Code, is amended
5-5 to read as follows:
5-6 Sec. 548.301. COMMISSION TO ESTABLISH PROGRAM. (a) The
5-7 commission shall establish a motor vehicle emissions inspection and
5-8 maintenance program for vehicles as [registered in a county for
5-9 which the conservation commission has adopted a resolution
5-10 requesting the department to establish such a program if:]
5-11 [(1) the county does not meet the national ambient air
5-12 quality standards for ozone, carbon monoxide, or another
5-13 vehicle-related pollutant; or]
5-14 [(2) the program is] required [in the county] by any
5-15 law of the United States or[, including] the state's [Texas] air
5-16 quality state implementation plan.
5-17 (b) The commission by rule may establish a motor vehicle
5-18 emissions inspection and maintenance program for vehicles specified
5-19 by the conservation commission [registered] in a county for which
5-20 the conservation commission has adopted a resolution requesting the
5-21 commission [department] to establish such a program and for which
5-22 the county and the municipality with the largest population in the
5-23 county by resolution have formally requested a proactive air
5-24 quality plan consisting of such a program.
5-25 (c) A program established under Subsection (b) may not
5-26 include reregistration-based [registration-based] enforcement
5-27 unless the county by resolution requests reregistration-based
6-1 enforcement [Texas Department of Transportation includes the
6-2 program in its registration enforcement system].
6-3 (d) A vehicle emissions inspection under this section may be
6-4 performed by the same facility that performs a safety inspection if
6-5 the facility is authorized and certified by the department to
6-6 perform the vehicle emissions inspection and certified by the
6-7 department to perform the safety inspection.
6-8 SECTION 6. Section 548.302, Transportation Code, is amended
6-9 to read as follows:
6-10 Sec. 548.302. COMMISSION TO ADOPT STANDARDS. The commission
6-11 shall:
6-12 (1) adopt standards for emissions-related inspection
6-13 criteria consistent with requirements of the United States and the
6-14 conservation commission applicable to a county in which a program
6-15 is established under this subchapter; and
6-16 (2) develop and impose requirements necessary to
6-17 ensure that an inspection certificate is not issued to a vehicle
6-18 subject to a program established under this subchapter unless the
6-19 vehicle has passed a motor vehicle emissions inspection at a
6-20 facility authorized and certified by the department [Section
6-21 548.301].
6-22 SECTION 7. Section 548.303, Transportation Code, is amended
6-23 to read as follows:
6-24 Sec. 548.303. PROGRAM ADMINISTRATION. [(a)] The commission
6-25 shall administer the motor vehicle emissions inspection and
6-26 maintenance program under this subchapter [until the date a vehicle
6-27 emissions inspection program administered by the conservation
7-1 commission is implemented under the Clean Air Act].
7-2 [(b) The executive director of the conservation commission
7-3 shall notify the commission of the date the conservation
7-4 commission's program will become effective.]
7-5 SECTION 8. Section 548.304, Transportation Code, is amended
7-6 to read as follows:
7-7 Sec. 548.304. STATIONS LICENSED TO CONDUCT EMISSIONS
7-8 INSPECTIONS [REINSPECTIONS]. (a) The department [conservation
7-9 commission] may authorize and certify [license] inspection stations
7-10 as necessary to implement the emissions-related inspection
7-11 [reinspection] requirements of the motor vehicle emissions
7-12 inspection and maintenance program established under this
7-13 subchapter if the station meets the department's certification
7-14 requirements [Section 548.301].
7-15 (b) The [At the request of the conservation commission, the]
7-16 department shall provide inspection certificates for distribution
7-17 and issuance at inspection [centralized reinspection] stations
7-18 certified [licensed] by the department [conservation commission].
7-19 [(c) Notwithstanding Section 548.053(a), if an
7-20 emissions-related inspection under Section 548.301 discloses the
7-21 necessity for adjustment, correction, or repair, the conservation
7-22 commission may by rule require that the vehicle be reinspected at a
7-23 specified inspection station authorized and licensed by the
7-24 conservation commission to ensure that the emissions-related
7-25 adjustment, correction, or repair is made.]
7-26 SECTION 9. Subchapter F, Chapter 548, Transportation Code,
7-27 is amended by adding Section 548.306 to read as follows:
8-1 Sec. 548.306. EXCESSIVE MOTOR VEHICLE EMISSIONS. (a) This
8-2 section applies to a motor vehicle registered in:
8-3 (1) a county or a portion of a county designated by
8-4 department rule in accordance with standards provided by the United
8-5 States Environmental Protection Agency; or
8-6 (2) one of the following areas:
8-7 (A) the part of the Dallas/Fort Worth ozone
8-8 nonattainment area that consists of Collin, Dallas, Denton, and
8-9 Tarrant counties;
8-10 (B) the part of the El Paso ozone nonattainment
8-11 area that consists of El Paso County; or
8-12 (C) the part of the Houston/Galveston ozone
8-13 nonattainment area that consists of Brazoria, Chambers, Fort Bend,
8-14 Galveston, Harris, Liberty, Montgomery, and Waller counties.
8-15 (b) The registered owner of a motor vehicle commits an
8-16 offense if the vehicle, in an area described by Subsection (a),
8-17 emits:
8-18 (1) hydrocarbons, carbon monoxide, or nitrogen oxide
8-19 in an amount that is excessive under United States Environmental
8-20 Protection Agency standards or standards provided by department
8-21 rule; or
8-22 (2) another vehicle-related pollutant that is listed
8-23 by a department rule adopted to comply with Part A, National
8-24 Emission Standards Act (42 U.S.C. Sections 7602-7619), or rules of
8-25 the United States Environmental Protection Agency in an amount
8-26 identified as excessive under that rule.
8-27 (c) The department shall provide a notice of violation to
9-1 the registered owner of a vehicle that is detected violating
9-2 Subsection (b). The notice of violation must be made by personal
9-3 delivery to the registered owner or by mailing the notice to the
9-4 registered owner at the last known address of the owner. The
9-5 department shall include in the notice the date and location of the
9-6 violation detected and instructions for the registered owner
9-7 explaining how the owner must proceed to obtain and pass a
9-8 verification emissions inspection and to make any repair to the
9-9 vehicle necessary to pass the inspection. Notice by mail is
9-10 presumed delivered on the 10th day after the date the notice is
9-11 deposited in the mail.
9-12 (d) A registered owner of a vehicle commits an offense if:
9-13 (1) notice is delivered to the owner under Subsection
9-14 (c); and
9-15 (2) the owner fails to comply with any provision of
9-16 the notice before the 31st day after the date the notice is
9-17 delivered.
9-18 (e) An offense under this section is a misdemeanor
9-19 punishable by a fine of not less than $1 and not more than $350.
9-20 If a person has previously been convicted of an offense under this
9-21 section, an offense under this section is a misdemeanor punishable
9-22 by a fine of not less than $200 and not more than $1,000.
9-23 (f) It is an affirmative defense to an offense under this
9-24 section that the registered owner of the vehicle, before the 31st
9-25 day after the date the owner receives a notice of violation:
9-26 (1) after a verification emissions inspection
9-27 indicated that the vehicle did not comply with applicable emissions
10-1 standards, repaired the vehicle as necessary and passed another
10-2 verification emissions inspection; and
10-3 (2) has complied with rules of the department
10-4 concerning a violation under this section.
10-5 (g) The department may contract with a private person to
10-6 implement this section. The person must comply with terms,
10-7 policies, rules, and procedures the department adopts to administer
10-8 this section.
10-9 (h) The Texas Department of Transportation may deny
10-10 reregistration of a vehicle if the registered owner of the vehicle
10-11 has received notification under Subsection (c) and the vehicle has
10-12 not passed a verification emissions inspection.
10-13 SECTION 10. Section 548.405, Transportation Code, is amended
10-14 to read as follows:
10-15 Sec. 548.405. [CAUSE FOR] DENIAL, REVOCATION, OR SUSPENSION
10-16 OF CERTIFICATE. (a) The department may deny a person's
10-17 application for a certificate, revoke or suspend the certificate of
10-18 a person, [an] inspection station, or inspector, place on
10-19 probation a person who holds a suspended certificate, or reprimand
10-20 a person who holds a certificate if:
10-21 (1) the station or inspector conducts an inspection or
10-22 issues a certificate:
10-23 (A) in violation of this chapter [Section
10-24 548.004(c) or Section 548.104]; or
10-25 (B) without complying with the requirements of
10-26 this chapter; [subchapter or of Subchapter H; or]
10-27 (2) the person, [at the] station, or [the] inspector[:]
11-1 [(A)] commits an offense under this chapter;
11-2 (3) the applicant or certificate holder does not meet
11-3 the standards for certification under this chapter or a rule
11-4 adopted under this chapter;
11-5 (4) the station or inspector does not maintain the
11-6 qualifications for certification or does not comply with a
11-7 certification requirement under Subchapter G;
11-8 (5) the certificate holder or the certificate holder's
11-9 agent, employee, or representative commits an act or omission that
11-10 would cause denial, revocation, or suspension of a certificate to
11-11 an individual applicant or certificate holder;
11-12 (6) the station or inspector does not pay a fee
11-13 required by Subchapter H; or
11-14 (7) the inspector or owner of an inspection station is
11-15 convicted of a:
11-16 (A) felony or Class A or Class B misdemeanor;
11-17 (B) similar crime under the jurisdiction of
11-18 another state or the federal government that is punishable to the
11-19 same extent as a felony or a Class A or Class B misdemeanor in this
11-20 state; or
11-21 (C) crime under the jurisdiction of another
11-22 state or the federal government that would be a felony or a Class A
11-23 or Class B misdemeanor if the crime were committed in this state
11-24 [Section 548.603; or]
11-25 [(B) falsely and fraudulently represents to a
11-26 vehicle owner or operator that equipment required to be inspected
11-27 must be repaired, adjusted, or replaced before the vehicle will
12-1 pass inspection].
12-2 (b) For purposes of Subsection (a)(7), a person is convicted
12-3 of an offense if a court enters against the person an adjudication
12-4 of the person's guilt, including an order of probation or deferred
12-5 adjudication.
12-6 (c) If the department suspends a certificate because of a
12-7 violation of Subchapter F, the suspension must be for a period of
12-8 not less than six months.
12-9 (d) Until an inspector or inspection station whose
12-10 certificate is suspended or revoked receives a new certificate, has
12-11 the certificate reinstated, or has the suspension expire, the
12-12 inspector or station may not be directly or indirectly involved in
12-13 an inspection operation [The director may deny an application for
12-14 certification, revoke or suspend the certificate of an inspection
12-15 station or inspector, place on probation the holder of a suspended
12-16 certificate, or reprimand the certificate holder for any of the
12-17 following reasons:]
12-18 [(1) proof of unfitness of an applicant or certificate
12-19 holder under standards set out in this chapter or commission rules;]
12-20 [(2) material misrepresentation in an application or
12-21 other information filed under this chapter or commission rule;]
12-22 [(3) failure to maintain the qualifications for
12-23 certification;]
12-24 [(4) issuance of an inspection certificate without
12-25 being certified;]
12-26 [(5) issuance of an inspection certificate without
12-27 having made an inspection of the vehicle or without an adjustment,
13-1 correction, or repair having been made after an inspection
13-2 disclosed the necessity for the adjustment, correction, or repair;]
13-3 [(6) knowing or wilful issuance of an inspection
13-4 certificate for a vehicle without each required item of inspection
13-5 or with an item that was not in good condition and in compliance
13-6 with state law and commission rules;]
13-7 [(7) refusal to allow the owner of a vehicle to have a
13-8 required adjustment or correction made by a qualified person the
13-9 owner chooses;]
13-10 [(8) the charging of more than the authorized
13-11 inspection fee;]
13-12 [(9) an act or omission by the certificate holder or
13-13 the holder's agent, employee, or representative that would cause
13-14 denial, revocation, or suspension of a certificate to the
13-15 individual applicant or certificate holder; or]
13-16 [(10) wilful failure to comply with this chapter or a
13-17 rule adopted under this chapter].
13-18 SECTION 11. Section 548.407, Transportation Code, is amended
13-19 to read as follows:
13-20 Sec. 548.407. HEARING ON [BEFORE] DENIAL, REVOCATION, OR
13-21 SUSPENSION OF CERTIFICATE. (a) Before [Not earlier than the 31st
13-22 day before the date] an application for certification as an
13-23 inspection station or inspector is denied [or a certificate is
13-24 revoked or suspended], the director or a person the director
13-25 designates shall give [notify] the person written notification [,
13-26 in writing, in person, or by certified mail to the last address
13-27 given to the department by the person,] of:
14-1 (1) the proposed [impending] denial [, revocation, or
14-2 suspension];
14-3 (2) each reason for the proposed denial [action]; and
14-4 (3) the person's right to an administrative hearing to
14-5 determine whether the evidence warrants the denial [action].
14-6 (b) Before a certificate of appointment as an inspector or
14-7 inspection station is revoked or suspended, the director or a
14-8 person the director designates shall give written notification to
14-9 the inspector or inspection station of the revocation or the period
14-10 of suspension. The notice shall include:
14-11 (1) the effective date of the revocation or the period
14-12 of the suspension, as applicable;
14-13 (2) each reason for the revocation or suspension; and
14-14 (3) a statement explaining the person's right to an
14-15 administrative hearing to determine whether the evidence warrants
14-16 the revocation or suspension.
14-17 (c) Notice under Subsection (a) or (b) must be made by
14-18 personal delivery or by mail to the last address given to the
14-19 department by the person.
14-20 (d) The department may provide that a revocation or
14-21 suspension takes effect on receipt of notice under Subsection (b)
14-22 if the department finds that the action is necessary to prevent or
14-23 remedy a threat to public health, safety, or welfare. Violations
14-24 that present a threat to public health, safety, or welfare include:
14-25 (1) issuing an inspection certificate with knowledge
14-26 that the issuance is in violation of this chapter or rules adopted
14-27 under this chapter;
15-1 (2) falsely or fraudulently representing to the owner
15-2 or operator of a vehicle that equipment inspected or required to be
15-3 inspected must be repaired, adjusted, or replaced for the vehicle
15-4 to pass an inspection;
15-5 (3) issuing an inspection certificate:
15-6 (A) without authorization to issue the
15-7 certificate; or
15-8 (B) without inspecting the vehicle;
15-9 (4) issuing an inspection certificate for a vehicle
15-10 with knowledge that the vehicle has not been repaired, adjusted, or
15-11 corrected after an inspection has shown a repair, adjustment, or
15-12 correction to be necessary;
15-13 (5) knowingly issuing an inspection certificate:
15-14 (A) for a vehicle without conducting an
15-15 inspection of each item required to be inspected; or
15-16 (B) for a vehicle that is missing an item
15-17 required to be inspected or that has an item required to be
15-18 inspected that is not in compliance with state law or department
15-19 rules;
15-20 (6) refusing to allow a vehicle's owner to have a
15-21 qualified person of the owner's choice make a required repair,
15-22 adjustment, or correction;
15-23 (7) charging for an inspection an amount greater than
15-24 the authorized fee;
15-25 (8) a violation of Subchapter F;
15-26 (9) a violation of Section 548.603; or
15-27 (10) a conviction of a felony or a Class A or B
16-1 misdemeanor that directly relates to or affects the duties or
16-2 responsibilities of a vehicle inspection station or inspector or a
16-3 conviction of a similar crime under the jurisdiction of another
16-4 state or the federal government.
16-5 (e) For purposes of Subsection (d)(10), a person is
16-6 convicted of an offense if a court enters against the person an
16-7 adjudication of the person's guilt including an order of probation
16-8 or deferred adjudication.
16-9 (f) To obtain an administrative hearing on a denial,
16-10 suspension, or revocation under this section, a person must submit
16-11 a written request for a hearing to the director not later than the
16-12 20th day after the date notice is delivered personally or is mailed
16-13 [given in person or is deposited in the United States mail as
16-14 provided by Subsection (a)].
16-15 (g) [(c)] If the director receives a timely request under
16-16 Subsection (f), the director shall provide the person with an
16-17 opportunity for a hearing as soon as practicable. A hearing on a
16-18 revocation or suspension under Subsection (d) that takes effect on
16-19 receipt of the notice must be held not later than 14 days after the
16-20 department receives the request for hearing. The revocation or
16-21 suspension continues in effect until the hearing is completed if
16-22 the hearing is continued beyond the 14-day period:
16-23 (1) at the request of the inspector or inspection
16-24 station; or
16-25 (2) on a finding of good cause by a judge,
16-26 administrative law judge, or hearing officer.
16-27 (h) If the director does not receive a timely request under
17-1 Subsection (f), the director may deny the application, revoke or
17-2 suspend a certificate, or sustain the revocation or suspension of a
17-3 certificate [act] without a hearing.
17-4 (i) Except as provided by Subsection (g), the [(d) The]
17-5 hearing must be held not earlier than the 11th day after the date
17-6 written notice of the hearing and [, including] a copy of the
17-7 charges[,] is given to the person by personal service or by
17-8 certified mail to the last address given to the department by the
17-9 person.
17-10 (j) [(e)] The director or a person designated by the
17-11 director shall conduct the hearing and may administer oaths and
17-12 issue subpoenas for the attendance of witnesses and the production
17-13 of relevant books, papers, or documents. If the hearing is
17-14 conducted by a person designated by the director, the director may
17-15 take action under this section on a recommendation of the
17-16 designated person.
17-17 (k) [(f)] On the basis of the evidence submitted at the
17-18 hearing, the director may deny the application or revoke or suspend
17-19 the certificate.
17-20 (l) If in conducting a hearing under this section an
17-21 administrative law judge of the State Office of Administrative
17-22 Hearings makes a proposal for a decision to deny an application or
17-23 to suspend or revoke a certificate, the administrative law judge
17-24 shall include in the proposal a finding of the costs, fees,
17-25 expenses, and reasonable and necessary attorney's fees the state
17-26 incurred in bringing the proceeding. The director may adopt the
17-27 finding and make the finding a part of the final order entered in
18-1 the proceeding. Proceeds collected from a finding made under this
18-2 subsection shall be deposited in a special account in the general
18-3 revenue fund that may be appropriated only to the attorney general.
18-4 SECTION 12. Section 548.505, Transportation Code, is amended
18-5 to read as follows:
18-6 Sec. 548.505. EMISSIONS-RELATED INSPECTION FEE. (a) The
18-7 department by rule may impose [commission may by rule establish] an
18-8 inspection fee for a vehicle inspected under Section 548.301(a) in
18-9 addition to the fee provided by Section 548.501, 548.502, [or]
18-10 548.503, or 548.504. A fee imposed under this subsection must be
18-11 based on the costs of:
18-12 (1) producing certificates;
18-13 (2) providing inspections; and
18-14 (3) administering the program [for a vehicle inspected
18-15 under Section 548.301(a)].
18-16 (b) The department may provide a maximum fee for an
18-17 inspection under this subchapter. The department may not set a
18-18 minimum fee for an inspection under this subchapter. [The
18-19 additional fee may not exceed:]
18-20 [(1) $5 if only a parameter program is established; or]
18-21 [(2) $10 if a program other than the parameter program
18-22 is established under requirements of the United States.]
18-23 [(c) If an inspection under Section 548.501 or Section
18-24 548.503 is not performed when an inspection is performed under
18-25 Section 548.301(a), the only fee due is the fee authorized by this
18-26 section.]
18-27 [(d) The conservation commission shall:]
19-1 [(1) pay to the department an amount equal to the cost
19-2 of producing certificates provided to centralized reinspection
19-3 stations under Section 548.304;]
19-4 [(2) establish a reinspection fee; and]
19-5 [(3) implement procedures governing the tracking of
19-6 certificates and the refunding of the cost of unissued certificates
19-7 provided to reinspection stations.]
19-8 SECTION 13. Section 548.601, Transportation Code, is amended
19-9 to read as follows:
19-10 Sec. 548.601. OFFENSE GENERALLY. (a) A person, including
19-11 an inspector or an inspection station, [who operates a motor
19-12 vehicle in violation of this chapter or a rule adopted under this
19-13 chapter] commits an offense if the person:
19-14 (1) issues an inspection certificate with knowledge
19-15 that the issuance is in violation of this chapter or rules adopted
19-16 under this chapter;
19-17 (2) falsely or fraudulently represents to the owner or
19-18 operator of a vehicle that equipment inspected or required to be
19-19 inspected must be repaired, adjusted, or replaced for the vehicle
19-20 to pass an inspection;
19-21 (3) misrepresents:
19-22 (A) material information in an application in
19-23 violation of Section 548.402 or 548.403; or
19-24 (B) information filed with the department under
19-25 this chapter or as required by department rule;
19-26 (4) issues an inspection certificate:
19-27 (A) without authorization to issue the
20-1 certificate; or
20-2 (B) without inspecting the vehicle;
20-3 (5) issues an inspection certificate for a vehicle
20-4 with knowledge that the vehicle has not been repaired, adjusted, or
20-5 corrected after an inspection has shown a repair, adjustment, or
20-6 correction to be necessary;
20-7 (6) knowingly issues an inspection certificate:
20-8 (A) for a vehicle without conducting an
20-9 inspection of each item required to be inspected; or
20-10 (B) for a vehicle that is missing an item
20-11 required to be inspected or that has an item required to be
20-12 inspected that is not in compliance with state law or department
20-13 rules;
20-14 (7) refuses to allow a vehicle's owner to have a
20-15 qualified person of the owner's choice make a required repair,
20-16 adjustment, or correction; or
20-17 (8) charges for an inspection an amount greater than
20-18 the authorized fee.
20-19 (b) Unless otherwise specified in this chapter, an offense
20-20 under this section is a Class C [that is a] misdemeanor.
20-21 (c) A designated representative of the department may issue
20-22 a notice of an offense or a notice to appear to a person, including
20-23 an inspector or inspection station, who violates this chapter or a
20-24 rule adopted under this chapter.
20-25 [(b) This section does not apply to operation of a vehicle
20-26 that is:]
20-27 [(1) licensed in another state; and]
21-1 [(2) being temporarily and legally operated under a
21-2 reciprocity agreement.]
21-3 SECTION 14. Section 548.602(a), Transportation Code, is
21-4 amended to read as follows:
21-5 (a) After the fifth day after the date of expiration of the
21-6 period designated for inspection, a person may not operate:
21-7 (1) a motor vehicle registered in this state unless a
21-8 current [an] inspection certificate is displayed on the vehicle; or
21-9 (2) a commercial motor vehicle registered in this
21-10 state unless it is equipped as required by federal motor carrier
21-11 safety regulations and displays an inspection certificate issued
21-12 under the program established under Section 548.201.
21-13 SECTION 15. Section 548.603, Transportation Code, is amended
21-14 to read as follows:
21-15 Sec. 548.603. [DISPLAY OF] FICTITIOUS OR COUNTERFEIT
21-16 INSPECTION CERTIFICATE OR INSURANCE DOCUMENT. (a) A person
21-17 commits an offense if the person:
21-18 (1) displays [or causes or permits to be displayed] an
21-19 inspection certificate or insurance document knowing that the
21-20 certificate or document is counterfeit, tampered with, altered, [it
21-21 to be] fictitious, issued for another vehicle, or issued in
21-22 violation of:
21-23 (A) this chapter, rules adopted under this
21-24 chapter, or other law of this state; or
21-25 (B) a law of another state, the United States,
21-26 Mexico, a Mexican state, Canada, or a province of Canada; [without
21-27 the required inspection having been made; or]
22-1 (2) transfers an inspection certificate from a
22-2 windshield or location to another windshield or location;
22-3 (3) with intent to circumvent the emissions inspection
22-4 requirements seeks an inspection of a vehicle at a station not
22-5 certified to perform an emissions inspection if the person knows
22-6 that the vehicle is required to be inspected under Section 548.301;
22-7 (4) knowingly does not comply with an emissions
22-8 inspection requirement for a vehicle; or
22-9 (5) displays on a vehicle an inspection certificate
22-10 that was obtained knowing that the vehicle does not meet all
22-11 emissions inspection requirements for the vehicle.
22-12 (b) A person commits an offense if the person:
22-13 (1) makes or possesses, with the intent to sell,
22-14 circulate, or pass, a counterfeit inspection certificate or
22-15 insurance document; or
22-16 (2) possesses any part of a stamp, dye, plate,
22-17 negative, machine, or other device that is used or designated for
22-18 use in making a counterfeit inspection certificate or insurance
22-19 document.
22-20 (c) The owner of a vehicle commits an offense if the owner
22-21 knowingly allows the vehicle to be registered or [:]
22-22 [(1) is] operated while the vehicle [or parked on a
22-23 public highway; and]
22-24 [(2)] displays an inspection certificate in violation
22-25 of Subsection (a).
22-26 (d) An [(c) Except as provided by Subsection (d), an]
22-27 offense under Subsection (a) or (c) is a Class B misdemeanor. An
23-1 offense under Subsection (b) is a third degree felony unless the
23-2 person acts with the intent to defraud or harm another person, in
23-3 which event the offense is a second degree felony.
23-4 (e) In this section:
23-5 (1) "Counterfeit" means an imitation of a document
23-6 that is printed, engraved, copied, photographed, forged, or
23-7 manufactured by a person not authorized to take that action under:
23-8 (A) this chapter, rules adopted under this
23-9 chapter, or other law of this state; or
23-10 (B) a law of another state, the United States,
23-11 Mexico, a Mexican state, Canada, or a province of Canada.
23-12 (2) "Inspection certificate" means a document that is
23-13 printed, manufactured, or made by the department or an authorized
23-14 agent of the department for issuance after a vehicle passes an
23-15 inspection performed under this chapter.
23-16 (3) "Insurance document" means a standard proof of
23-17 motor vehicle insurance coverage that is:
23-18 (A) in a form prescribed by the Texas Department
23-19 of Insurance or by a similarly authorized board, agency, or
23-20 authority of another state; and
23-21 (B) issued by an insurer or insurer's agent who
23-22 is authorized to write motor vehicle insurance coverage.
23-23 (4) "Person" includes an inspection station or
23-24 inspector [punishable by a fine of not less than $100 or more than
23-25 $200.]
23-26 [(d) An offense under Subsection (a) is a Class B
23-27 misdemeanor if:]
24-1 [(1) the certificate is a motor vehicle emissions
24-2 inspection certificate; and]
24-3 [(2) the owner of the vehicle knows the certificate is
24-4 in violation of Subsection (a)].
24-5 (f) [(e)] A motor vehicle on which [is displayed] a vehicle
24-6 emissions inspection certificate is displayed in violation of
24-7 Subsection (a) and that is operated or parked on a public roadway
24-8 may be impounded by a peace officer or other authorized employee of
24-9 this state or a political subdivision of this state in which the
24-10 vehicle is operated or parked.
24-11 SECTION 16. Subchapter C, Chapter 552, Government Code, is
24-12 amended by adding Section 552.127 to read as follows:
24-13 Sec. 552.127. MOTOR VEHICLE INSPECTION INFORMATION. A
24-14 record created during a motor vehicle emissions inspection under
24-15 Subchapter F, Chapter 548, Transportation Code, that relates to an
24-16 individual vehicle or owner of an individual vehicle is excepted
24-17 from the requirements of Section 552.021.
24-18 SECTION 17. (a) In addition to the substantive changes made
24-19 by this Act, this Act conforms:
24-20 (1) Section 548.001, Transportation Code, to Section
24-21 25, Chapter 705, Acts of the 74th Legislature, Regular Session,
24-22 1995;
24-23 (2) Section 548.301, Transportation Code, to Section
24-24 8, Chapter 34, Acts of the 74th Legislature, Regular Session, 1995;
24-25 (3) Section 548.304, Transportation Code, to Sections
24-26 6 and 8, Chapter 34, Acts of the 74th Legislature, Regular Session,
24-27 1995; and
25-1 (4) Section 548.603, Transportation Code, to Section
25-2 7, Chapter 34, Acts of the 74th Legislature, Regular Session, 1995.
25-3 (b) To the extent of any conflict, this Act prevails over
25-4 another Act of the 75th Legislature, Regular Session, 1997, that
25-5 relates to nonsubstantive additions to and corrections in enacted
25-6 codes, except for an amendment to Section 548.001(5),
25-7 Transportation Code, made by such an Act.
25-8 SECTION 18. The following are repealed:
25-9 (1) Sections 382.037(a-1) and 382.0371, Health and
25-10 Safety Code;
25-11 (2) Sections 548.256(c) and 548.305, Transportation
25-12 Code;
25-13 (3) Section 25, Chapter 705, Acts of the 74th
25-14 Legislature, Regular Session, 1995; and
25-15 (4) Sections 6, 7, and 8, Chapter 34, Acts of the 74th
25-16 Legislature, Regular Session, 1995.
25-17 SECTION 19. (a) Sections 1-18 of this Act take effect
25-18 September 1, 1997, or 60 days after the effective date of this
25-19 section, whichever is later.
25-20 (b) The changes in law made by this Act apply only to an
25-21 offense committed or a violation of a statute or agency rule that
25-22 occurs on or after the effective date of the provision of this Act
25-23 that makes the changes in law. For purposes of this section, an
25-24 offense occurs, or a violation of a statute or agency rule occurs,
25-25 before the effective date of this Act if any element of the offense
25-26 or violation occurs before that date, and the former law is
25-27 continued in effect for that purpose.
26-1 (c) This section takes effect immediately.
26-2 SECTION 20. The importance of this legislation and the
26-3 crowded condition of the calendars in both houses create an
26-4 emergency and an imperative public necessity that the
26-5 constitutional rule requiring bills to be read on three several
26-6 days in each house be suspended, and this rule is hereby suspended,
26-7 and that this Act take effect and be in force according to its
26-8 terms, and it is so enacted.